THE COURT: Will there be any rebuttal evidence for the State?
MR. PANOSH: Yes, sir.
THE COURT: All right, sir. MR. PANOSH: Mr. Siwinski.
EDMUND LOUIS SIWINSKI, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:
Q Would you state your name, sir.
A Edmund Louis Siwinski.
Q And your occupation, sir?
A I'm an investigator, employed by the District Attorney's Office here in Guilford County.
Q And prior to being an investigator with the DA's Office, what was your occupation?
A I was a deputy sheriff with the Guilford County Sheriff's Department.
Q How long were you with the Guilford County Sheriff's Department?
A Approximately 20 years.
Q And were you an investigator with the sheriff's department?
A Yes, sir. From 1983 until 1993, I was assigned to the Criminal Investigation Division. For the majority of those times, I was assigned to our major crimes unit, which was tasked with investigating crimes against persons, criminal intelligence and organized crime.
Q On August of 6th of 1998, did there come a time when you came into contact with Jeffrey Clark?
A Yes, sir.
Q Would you describe that, please.
A During the morning of August 6th, I was asked by yourself to sit in on an interview that you had with Mr. Clark. I was there to provide security, and in essence assigned for the prisoner from the bailiffs, so that they may go about their other duties.
Q At this time, Mr. Clark was in the custody of the Guilford County Sheriff's Department -‑
A Yes, sir.
Q -- or the jail?
A Yes, sir.
Q And you said you took custody of him. Where did that occur?
A That occurred in the conference room in the District Attorney's Office on the fourth floor of this building.
Q What was his physical condition at the time?
A He was -- I believe his left arm was injured. If I recall correctly, it was as a result of an operation that -‑
Q Well, just tell us what you saw, please.
A I saw his left arm, I believe it was, in a sling.
Q How long did the interview last, if you recall?
A One to two hours.
Q And during that period of time, what occurred?
A You had started to go over Mr. Clark's prior statements to investigators in this case. Mr. Clark requested that he see copies of those -- of that -- of those statements. You had to leave the room, to obtain your copies of those statements from someplace else. You returned shortly, and went over three statements with Mr. Clark. Those statements were statements that he had given on previous occasions to investigators in this case.
Q Did he note any changes or have any discrepancies with those statements?
A No, sir, he did not. It's my recollection you went over those -- the -- all three statements with him
individually, and that he agreed with all the information that was contained in those statements.
Q How was it that -- what was the process used to go over those statements?
A You would take the statements out of your binder one at a time and then go over the statement, reading the statement to Mr. Clark, and asking him if he recalled whatever fact was in that statement. And when he replied affirmatively, you asked him if there was any discrepancies or anything he wanted to change or add to those statements. He said there were none.
Q Thereafter, did I ask him a series of questions that weren't contained in the interviews?
A Yes, sir, I believe so.
MR. PANOSH: May I approach the witness?
THE COURT: You may.
Q Showing you now what's previously been marked for identification as State's Exhibits 150, 151 and 152, do you recognize those?
(Time was allowed for the witness.)
Q Do those appear to be the statements that were discussed with Mr. Clark?
A Yes, sir, they are.
Q Did you take any notes?
A No, sir, I did not.
Q What was your function there that day?
A Security of -- prisoner security, to insure he didn't leave the custody of the sheriff's department.
Q During the period of time that he was present in the inter-- in the conference room, did you stay with him at all times?
A Yes, sir.
Q During the period of time that I left the room, did you stay with him at all times?
A Yes, sir.
Q Did he ever indicate to you that he had any changes or discrepancies in his statement?
A No, sir, he did not.
MR. PANOSH: No further questions.
THE COURT: Questions?
MR. LLOYD: No questions, Your Honor.
THE COURT: Step down, sir. Next witness, please.
(The witness left the witness stand.)
Published August 15, 2006. Report broken links or other problems.
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